Circular 2015/4: Merger of ComSuper into the Commonwealth Superannuation Corporation—re-entry to the Australian Public Service

This circular is to advise agencies of the arrangements for former ComSuper employees who moved to the Commonwealth Superannuation Corporation (CSC) as a result of machinery of government changes that took effect on 1 July 2015. It applies to those employees who were moved by way of a determination
made by the Australian Public Service Commissioner (the Commissioner) under section 72 of the Public Service Act 1999 (the PS Act). For the purposes of this circular, these employees are referred to as 'former ComSuper employees'.

Re-entry to the APS

The July 2015 amendments to the Governance of Australian Government Superannuation Schemes Act 2011 provides for the re-entry of former ComSuper employees who were moved out of the Australian Public Service (APS) to the CSC as a result of the machinery of government changes. These employees are treated
as APS employees for the purposes of voluntary movements between agencies under section 26 of the PS Act, or compulsory movements between agencies under section 27.

These re-entry arrangements apply for three years from 1 July 2015 and while the employee remains employed by the CSC.

These arrangements do not impact on compulsory movements of excess employees between agencies under section 27 of the PS Act which are at the discretion of the Commissioner.

Movement at or below level

APS agencies can select former ComSuper employees for jobs at, or below, their substantive classification level as at 30 June 2015 without the requirement for a competitive merit selection process. The move would be effected under section 26 of the PS Act.

Movements under section 26 of the PS Act can be temporary or ongoing. Former ComSuper employees can move to another APS agency as though CSC were an APS agency. APS employees cannot move to the CSC under similar arrangements.

Requirements relating to movements between agencies that are not promotions are set out at clause 2.27 of the Australian Public Service Commissioner's Directions 2013 (the Commissioner's Directions).

Promotions

Where a former ComSuper employee competes and is successful in an APS agency's merit selection process, the agency can promote the employee as if they were an APS employee.

Promotion decisions at the APS 1–6 level may be reviewable including the promotions of former ComSuper employees. Eligibility requirements for promotion review are set out in Public Service Regulations 5.7 and 5.7A. Former ComSuper employees can also seek review of an APS 1–6 promotion
decision if they are unsuccessful in an application for promotion.

Requirements relating to the date of effect of promotions are set out at clause 2.31 of the Commissioner's Directions.

Redeployment Register

Former Comsuper employees who are excess, or potentially excess, can request that they be included on the APS Redeployment Register.

ComSuper employees on the Register have the same rights as excess, or potentially excess, APS employees. That is, agencies must genuinely consider ComSuper employees for vacancies before starting any recruitment action.

Confirmation of ComSuper employment status

Former ComSuper employees who were moved to the CSC as a result of the 1 July 2015 machinery of government change can obtain written confirmation of their employment history, including the move to the CSC, from the Australian Public Service Commission (the Commission).

Where a former ComSuper employee is being considered by an APS agency for movement, or for promotion, the agency must be satisfied that the employee:

is an employee who was moved to the CSC as a result of the 1 July 2015 machinery of government change;

has been continuously employed by the CSC since the machinery of government change occurred; and

is a current employee of the CSC.

Legislative basis

Governance of Australian Government Superannuation Schemes Legislation Amendment Act 2015

Public Service Act 1999

Australian Public Service Commissioner's Directions 2013

Further information

Further assistance for APS agencies is available by contacting the Commission's Staffing Policy team at staffingpolicy [at] apsc.gov.au.

Karin FisherGroup ManagerEmployment Policy GroupAustralian Public Service Commission31 August 2015

Connect with APSC

The Australian Public Service Commission (APSC) is a central agency within the Prime Minister and Cabinet portfolio. The Commission supports two statutory office holders: the Australian Public Service Commissioner - who is also agency head - and the Merit Protection Commissioner. Their functions are set out in sections 41(1) and 50(1), respectively, of the Public Service Act 1999.